Campaigners hail 'great day for the Tasmanian devil' as court halts mine

The Tasmanian devil is one of around 60 rare and endangered species living in the Tarkine region. Photograph: Paul A. Souders/CORBIS

An iron ore mine that conservationists claim would threaten the Tasmanian devil has been halted after the federal court ruled that the government had “erred” in its approval of the site.

The open-cut mine, in the remote Tarkine region of Tasmania, was approved by then environment minister Tony Burke late last year, despite the area being proposed for world heritage listing and the location of the last stronghold of the Tasmanian devil.

However, a judgment handed down on Wednesday by the federal court in Melbourne found that Burke had not acted in accordance with the Environment Protection and Biodiversity Conservation Act, which demands that the federal government fully assess and consider development that could threaten endangered species.

The court found that the “minister’s failure to have regard to the document for the purpose of making his decision is fatal to its validity”.

Burke allowed the mine, operated by Shree Minerals, to go ahead with several conditions, including the donation of $350,000 to the Save the Tasmanian Devil Program appeal. Around 80% of the Tasmanian devil population has been ravaged by a facial tumour disease, with the last remaining tumour-free population found in the Tarkine.

Scott Jordan, founder of the group, told Guardian Australia he was “incredibly pleased” with the verdict.

“This is a great day for the Tarkine and the Tasmanian devil,” he said. “The attitude of the state and federal government is that the environment is an administrative issue. It’s clear that they didn’t consult and apply the right advice.”

Jordan said that around 60 rare and endangered species live in the Tarkine region, such as the Tasmanian devil, wedge-tailed eagle, spotted-tailed quoll and various types of orchid. Conservationists are concerned that trucks travelling to and from the mine would kill large numbers of animals.

The mine application will now have to be reassessed by Mark Butler, the new federal environment minister.

A spokesperson for Butler said: “The minister will carefully consider the court's decision before proceeding further.”

The Tasmanian government expressed its dismay at the blocking of the $20m project, which would have employed around 70 people.

“My office has made contact with Mr Butler’s office today to relay the state government’s strong support for Shree Minerals’ position in having a decision made as soon as possible,” said Bryan Green, the Tasmanian minister for energy and resources.

“Having been visiting businesses in the Smithton area today, I know that many people are disappointed with the court’s decision, and that they as much as the proponent and the state government, want certainty for this project and the jobs it will provide for the region.”

Jordan said: “Mining should continue. We don’t want to shut it down. But there are valuable species in the Tarkine and it is the last refuge of the Tasmanian devil. That shouldn’t be thrown away for a project that promises as many jobs as a medium-sized McDonald’s. I hope this federal minister takes the job a bit more seriously than the last one.”